Decision details

It was noted that Members had visited the site on the previous day to examine the impact of the proposals setting on the townscape and their relationship to the Riverside site.

 

The Planning Manager South Area Team reported on a further letter of objection received from a solicitor acting on behalf of Riverside Business Park requesting a deferral of the consideration of this application so that the Planning Committee can compare this scheme to the Riverside application described at item 6 on the Agenda fully and accurately..

 

The letter raised the following points:

 

1. The email sent by the previous Chief Executive suggesting that the Cintride site application would not be heard until the Riverside application was ready to be heard gives rise to a legitimate expectation.
2. The application should be deferred so that the Planning Committee can fully compare this scheme to the Riverside application; each application should be a material consideration. The report on the Riverside application was hasty, inaccurate and misleading.
3. The report fails to provide the necessary heritage asset assessment.
4. Failure to give reasons for the EIA screening opinion and/or failure to carry out a cumulative assessment with the Riverside application.
5. Alleged defects in the Derbyshire County Council highways consultation response. In particular use of the incorrect design guide and as to highway safety when commenting on the access and visibility splays

 

The Planning Manager South Area Team, following advice from the Authority’s own legal team advised as to the approach to be taken by Members in determining whether the Riverside application was a material consideration in the circumstances of this application so that this application and the Riverside application needed to be taken together, and if so what steps should be taken. In particular Members were referred to the helpful tests in the case of Edwards –v- Secretary of State [1994].  

 

The Planning Manager South Area Team further advised that:-

 

The report noted that there were listed buildings opposite and that the current proposals would not have any significant adverse impact on the setting of these buildings.

 

The Planning Manager South Area Team confirmed that the EIA screening opinion had been conducted on the basis of the single application but the cumulative effect of the applications together would not alter an officer opinion that the Aldi proposals do not constitute EIA development.

 

That the Highways Authority had explained their approach to the highways design guides and that in particular the road is not a Trunk road. The Highways Authority had found the proposals acceptable.

 

Officers proposed that the recommended condition 13 (deliveries and waste collection) be amended to extend the delivery hours from 6.30am to 10.30pm.

 

The following spoke under the public participation at meetings scheme:

 

• Simon Webster, Chief Operating Officer, Thornbridge Brewery, Objector
• Nick Grayson, Pinelog Ltd, Objector
• Mark Twelves, Riverside Business Park Limited, Objector
• Mr. Hilary Young, Concerned over non-consultation over Riverside alongside the Aldi application - requesting deferral of this item
• Mr Bateman, Chair of Lumford and Holme Lane Residents Association and local resident, marginal objector
• Neil Dennison, Aldi Stores, Applicant

 

In considering the item Members asked for clarification about the offer to fund a new bus for Bakewell and Eyam Transport and were advised that this was considered to meet the three legal rests as set out in section 122 and 123 of the Community Infrastructure Levy Regulations and the planning policy tests set out in the NPPF.

 

Following discussion members approved that:

 

Condition 13 should be amended to authorise officers to agree delivery and waste collection times with the applicant prior to the store opening, taking into account the applicants operation needs and the impact on local residents.

 

Condition 17 to be amended to allow officers to discuss with the applicant options for improving access to the riverside on the site by the submission and agreement of amended plans to incorporate an amenity area within the buffer zone but without impacting on the ecological reasons for proposing a buffer zone.

 

An additional Condition 29 should be included requiring the submission and agreement of a plan showing the parking of the bus and layby.

 

The recommendation for approval of the planning application subject to conditions as detailed in the report and as amended above was moved and seconded.

 

The motion for approval was voted on and seconded.

 

RESOLVED:

 

To APPROVE the application subject to a legal agreement requiring the applicant to fund the purchase of a new bus for Bakewell and Eyam Community Transport and subject to the following conditions:

 

1.         3 year implementation time limit.

 

2.         Adopt amended plans.

 

3.         Submit and agree details of site layout and storage facilities before work commences.

 

4.         Submit and agree details of construction management plan or method statement before work commences.

 

5.         New access and full extent of access road to be laid out and constructed before store first brought into use.

 

6.         Existing vehicular access to be closed before store first brought into use.

 

7.         Wheel cleaning facilities to be provided and retained on site.

 

8.         Car park, cycles stands and loading and unloading areas to be provided before store is first brought into use and thereafter maintained.

 

9.         Modified access to be no steeper than 1:14 for first 10m and 1:10 thereafter.

 

10.      Environmental Health Authority conditions requiring investigations and risk assessment to take place in relation to land contamination. The results of these investigations along with any recommendations for mitigation to be submitted to the NPA for agreement.  Mitigation measures shall thereafter be implemented. 

 

11.      Any unexpected contamination to be reported to the National Park Authority and if necessary a remediation scheme submitted, approved and verified.

 

12.      Any imported soil to be sampled and analysed and the results submitted to and approved by the National Park Authority.

 

13.      Deliveries and waste collection times to be agreed with the applicant prior to the store opening.

 

14.      Opening hours of food store to be limited to 08:00 to 22:00 Mon to Sat and 10:00 to 16:00 Sundays.

 

15.      Submission and agreement of surface water drainage scheme.

 

16.      Piling or foundation designs using penetrative methods not permitted other than with express written consent of National Park Authority.

 

17.      Amended plans to be submitted and agreed incorporating an amenity area within the buffer zone next to the river subject to consultation with the Authority’s Ecologist. 5m buffer zone between the development and River Wye to be maintained during and post development phase.  No vehicle movements within the area and any tree/shrub planting completed by hand and supervised by qualified ecologist.

 

18.      Rubble between the building and the River Wye to only be removed during peak active period for great crested newts between April and June inclusive.

 

19.      Recommendation of Section R1 of the submitted bat report to be adhered to.

 

20.      Revised lighting scheme to implemented and maintained.

 

21.      Revised landscaping scheme and landscape maintenance and management plan to be implemented.  Top soil depths for grassland mix/wild flower area to be reduced to 20-30mm.

 

22.      Within the building hereby approved no more than 250sqm of net sales area shall be used for the sale of non-convenience goods.

 

23.      Remove permitted development rights for change of use from A1 (shop) to A2 (financial and professional services) or A1 to a mixed use.

 

24.      Sample panel of walling on building and stone boundary walls to be submitted and agreed.

 

25.      Roof lights to be in accordance with submitted specification.

 

26.      Sample of block paving to be submitted and agreed.

 

27.      External railings to be painted matt black.

 

28.      Full details of external cladding on building to be submitted and agreed.

 

29.      Plan for the parking of the bus and layby to be submitted and agreed.